DOCSLIB.ORG

Scrutiny of the Fisheries Bill

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Scrutiny of the Fisheries Bill House of Commons Environment, Food and Rural Affairs Committee Beyond the Common Fisheries Policy: Scrutiny of the Fisheries Bill Eleventh Report of Session 2017–19 HC 1722 House of Commons Environment, Food and Rural Affairs Committee Beyond the Common Fisheries Policy: Scrutiny of the Fisheries Bill Eleventh Report of Session 2017–19 Report, together with formal minutes relating to the report Ordered by the House of Commons to be printed 16 January 2019 HC 1722 Published on 20 January 2019 by authority of the House of Commons The Environment, Food and Rural Affairs Committee The Environment, Food and Rural Affairs Committee is appointed by the House of Commons to examine the expenditure, administration and policy of the Department for Environment, Food and Rural Affairs and associated public bodies. Current membership Neil Parish MP (Conservative, Tiverton and Honiton) (Chair) Alan Brown MP (Scottish National Party, Kilmarnock and Loudoun) Paul Flynn MP (Labour, Newport West) John Grogan MP (Labour, Keighley) Dr Caroline Johnson MP (Conservative, Sleaford and North Hykeham) Kerry McCarthy MP (Labour, Bristol East) Sandy Martin MP (Labour, Ipswich) Mrs Sheryll Murray MP (Conservative, South East Cornwall) David Simpson MP (Democratic Unionist Party, Upper Bann) Angela Smith MP (Labour, Penistone and Stocksbridge) Julian Sturdy MP (Conservative, York Outer) Powers The Committee is one of the departmental select committees, the powers of which are set out in House of Commons Standing Orders, principally in SO No 152. These are available on the Internet via www.parliament.uk. Publications Committee reports are published on the Committee’s website at www.parliament.uk/efracom and in print by Order of the House. Evidence relating to this report is published on the inquiry publications page of the Committee’s website. Committee staff The current staff of the Committee are Philip Aylett (Committee Clerk), Sian Woodward (Committee Clerk), Ben Street (Second Clerk), Xameerah Malik (Senior Committee Specialist), Andy French (Committee Specialist), James Hockaday (Senior Committee Assistant), Ian Blair (Committee Assistant), Annabel Russell (Committee Assistant) and Joe Williams (Media Officer). Contacts All correspondence should be addressed to the Clerk of the Environment, Food and Rural Affairs Committee, House of Commons, London SW1A 0AA. The telephone number for general enquiries is 020 7219 7341; the Committee’s email address is [email protected]. Beyond the Common Fisheries Policy: Scrutiny of the Fisheries Bill 1 Contents 1 Introduction 3 Our inquiry 3 2 Fisheries policy in the UK 4 The Common Fisheries Policy 4 The Fisheries Bill 5 3 Governance 7 Reporting and assessment 7 Delegated powers 9 Fisheries management in England 11 4 Fishing Opportunities 14 Additional opportunities 14 Discards policy 16 5 Sustainability and coastal communities 18 Maximum Sustainable Yield 18 The UK’s international commitments 18 Sustainability in the Bill 19 Coastal Communities 22 EMFF Funding 23 Recreational Fishing 24 Conclusions and recommendations 26 Formal minutes 29 Witnesses 30 Published written evidence 31 List of Reports from the Committee during the current Parliament 33 Beyond the Common Fisheries Policy: Scrutiny of the Fisheries Bill 3 1 Introduction 1. The Fisheries Bill was published by the Department for the Environment, Food and Rural Affairs (DEFRA) on 25 October 2018. The Government described it as a Bill to “create powers to build a sustainable, profitable UK fishing industry and deliver a Green Brexit with new protections for our precious marine environment”.1 2. During its Second Reading in the House of Commons on 21 November 2018, the Rt Hon Michael Gove MP, Secretary of State for Environment, Food and Rural Affairs, explained that the Bill would create the powers the UK needed to operate as an independent coastal state after leaving the EU. He highlighted that: becoming an independent coastal state will give us an opportunity to lead environmentally, to revive the fishing industry economically and to ensure that our coastal communities once more have the opportunity for a renaissance.2 Our inquiry 3. This Bill will shape the future of the UK fishing industry, impact upon coastal communities and the sustainability of the UK’s fisheries and those it shares with the EU and other coastal states, so we have closely followed its development. We were therefore extremely disappointed that the Government did not give us the opportunity to conduct pre-legislative scrutiny of the draft Bill. 4. The Government should as a matter of course enable House of Commons’ Committees to conduct pre-legislative scrutiny on bills of this importance. 5. We launched our inquiry, Scrutiny of the Fisheries Bill, on 1 November 2018.3 We received around 46 written submissions and held four oral evidence sessions with a range of witnesses, including George Eustice MP, Minister of State for Agriculture, Fisheries and Food. We would like to thank everyone who contributed to this inquiry. 6. This Report is presented to the House before the Bill’s Report Stage to inform debate and scrutiny. We trust our recommendations will be considered by the Government and by Members from all parties. We have prioritised key areas raised in the evidence we received. In particular, Chapter Three sets out governance issues raised by the Bill, Chapter Four examines questions of fishing opportunities and Chapter Five discusses sustainability and coastal communities. 1 Gove launches fisheries bill to take back control of UK waters, Defra, 25 October 2018 2 HC Deb, 21 November 2018, cols 897–98 [Commons Chamber] 3 Environment, Food and Rural Affairs, Scrutiny of the Fisheries Bill inquiry, accessed 16 January 2019 4 Beyond the Common Fisheries Policy: Scrutiny of the Fisheries Bill 2 Fisheries policy in the UK The Common Fisheries Policy 7. The Common Fisheries Policy (CFP) governs European fishing fleets and fish stock conservation. It began in 1970 and was most recently reformed in 2014.4 The CFP grants all European fishing fleets equal access to EU waters to create fair competition. It aims to ensure that European fishing is sustainable, balancing fishing with conservation.5 Box 1: Scope of the CFP6 The primary policy areas covered by the CFP are: • Shared access for EU fishing vessels to EU Member States’ waters; • Total Allowable Catch (TAC) and fishing opportunities for key fish stocks for each Member State, that are agreed annually in December between EU Member States; • The representation of EU Member States by the European Commission in negotiations with third countries and in international fisheries agreements; and, • Directly applicable fisheries management legislation. 8. The CFP manages fisheries in Member States through measures that control how many tonnes of fish can be harvested each year (quotas), and through technical regulations. It also provides structural funding to fishing communities and fishers,7 regulates marketing standards for fish products and sets autonomous tariff quotas for fish imports.8 9. Fisheries are prone to over-exploitation, and political borders do not apply; many species move freely between national territorial waters. According to the 2016 Brexit: Fisheries report by the House of Lords European Union Committee: “In the absence of co-operative management of stocks that are shared by two or more countries, fish become vulnerable to over-exploitation”, and co-ordination and a shared approach is often required in order to manage the resource.9 10. The CFP aims to ensure that fishing and aquaculture are “environmentally, economically and socially sustainable” and that they provide a source of nutritious food for EU citizens. Its stated goal is to foster a “dynamic fishing industry and ensure a fair standard of living for fishing communities”.10 4 European Commission, Reform of the common fisheries policy, accessed 16 January 2019 5 European Commission, The Common Fisheries Policy (CFP), accessed 16 January 2019 6 Explanatory Notes to the Fisheries Bill [Bill 278 (2017–19 −EN)], page 6; The Fisheries Bill 2017–19, Briefing Paper Number 8442, House of Commons Library, 3 December 2018 7 For example, in 2016, the UK was allocated €243 million from the European Maritime and Fisheries Fund. European Commission, European Maritime and Fisheries Fund (EMFF), accessed 16 January 2019 8 European Commission, The Common Fisheries Policy (CFP), page accessed 16 January 2019 9 House of Lords, Brexit: fisheries, Eighth Report of the Committee on the European Union, Session 2016–17, HL Paper 78, page 6 10 European Commission, The Common Fisheries Policy (CFP), page accessed 16 January 2019 Beyond the Common Fisheries Policy: Scrutiny of the Fisheries Bill 5 11. Historically, the CFP was criticised for mismanaging stocks and incentivising overfishing. In 2009, the Scottish Government described it as “the EU’s most unpopular and discredited policy”.11 The National Federation of Fishermen’s Organisations (NFFO) told us that one of the worst features of the CFP had been its “inflexible rigidity”.12 Prior to 2015, the discarding of undersized fish or fish that were over a vessel’s quota under the CFP caused particular concern.13 This was reformed from January 2015, obliging fishers to land all catches. The Fisheries Bill 12. In July 2017, the Secretary of State announced that the UK would withdraw from the London Fisheries Convention that the UK had joined in 1964. This largely covers the management of fisheries within the North Sea, along with other Western European coastal nations.14 13. In July 2017, the Secretary of State announced that when the UK left the EU it would also withdraw from the CFP.15 In July 2018, the White Paper on The future relationship between the United Kingdom and the European Union stated that: On leaving the EU, the UK will become an independent coastal state under the UN Convention on the Law of the Sea (UNCLOS). As a result, the UK will control access to fish in its waters, both in territorial seas and the Exclusive Economic Zone (EEZ).16 14.
Load more

Recommended publications
  • Fisheries Bill [Hl] Explanatory Notes
    FISHERIES BILL [HL] EXPLANATORY NOTES What these notes do These Explanatory Notes relate to the Fisheries Bill [HL] as introduced in the House of Lords on 29 January 2020 (HL Bill 71). • These Explanatory Notes have been prepared by the Department for Environment, Food and Rural Affairs in order to assist the reader of the Bill and to help inform debate on it. They do not form part of the Bill and have not been endorsed by Parliament. • These Explanatory Notes explain what each part of the Bill will mean in practice; provide background information on the development of policy; and provide additional information on how the Bill will affect existing legislation in this area. • These Explanatory Notes might best be read alongside the Bill. They are not, and are not intended to be, a comprehensive description of the Bill. HL Bill 71–EN 58/1 Table of Contents Subject Page of these Notes Overview of the Bill 4 Policy background 6 Exiting the EU 6 The Common Fisheries Policy (CFP) 6 Access 6 The management of fishing opportunities 6 Coastal State negotiations 7 December Fisheries Council 7 National quotas 7 Management regime 7 European Maritime and Fisheries Fund 8 Fisheries management in the UK 8 Quota distribution 8 Producer Organisations 8 Fisheries Management in England 8 Devolution 9 Sustainable fisheries for future generations 9 Legal background 9 Legal background to the Common Fisheries Policy 9 London Fisheries Convention 10 UK law relating to fisheries 11 Legal background to the devolution of fisheries 12 International law: the United
    [Show full text]
  • The EU's Common Fisheries Policy
    R. Schuman Miami-Florida European Union Center of Excellence The EU’s Common Fisheries Policy: A Review and Assessment Tiffany Walter Vol. 7, No. 7 May 2010 Published with the support of the EU Commission 2 EUMA European Union Miami Analysis (EUMA), Special Series, is a service of analytical essays on current, trend setting issues and developing news about the European Union. These papers are produced by the Jean Monnet Chair, in cooperation with the Miami-Florida European Union Center of Excellence (a partnership of the University of Miami and Florida International University) as an outreach service for the academic, business and diplomatic communities. Among the topics to be included in the series, the following are suggested: The collapse of the Constitution and its rescue Turkey: prospects of membership Immigration crisis and cultural challenges Security threats and responses The EU and Latin America The EU as a model and reference in the world The Common Agricultural Policy and other public subsidies The euro and the dollar EU image in the United States These topics form part of the pressing agenda of the EU and represent the multifaceted and complex nature of the European integration process. These papers also seek to highlight the internal and external dynamics which influence the workings of the EU and its relationship with the rest the world. Miami - Florida European Union Center Jean Monnet Chair Staff University of Miami Joaquín Roy (Director) 1000 Memorial Drive Astrid Boening (Associate Director) 101 Ferré Building
    [Show full text]
  • The International Legal Regime for Fisheries Management
    University of Wollongong Research Online Faculty of Law, Humanities and the Arts - Papers Faculty of Arts, Social Sciences & Humanities 2004 The international legal regime for fisheries management Ben M. Tsamenyi University of Wollongong, [email protected] Shilpa Rajkumar [email protected] Lara Manarangi-Trott Follow this and additional works at: https://ro.uow.edu.au/lhapapers Part of the Arts and Humanities Commons, and the Law Commons Recommended Citation Tsamenyi, Ben M.; Rajkumar, Shilpa; and Manarangi-Trott, Lara, "The international legal regime for fisheries management" (2004). Faculty of Law, Humanities and the Arts - Papers. 189. https://ro.uow.edu.au/lhapapers/189 Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library: [email protected] The international legal regime for fisheries management Keywords fisheries, egime,r management, legal, international Disciplines Arts and Humanities | Law Publication Details B. M. Tsamenyi, S. Rajkumar & L. Manarangi-Trott, 'The international legal regime for fisheries management' (Paper presented at the UNEP Workshop on Fisheries Subsidies and Sustainable Fisheries Management, UNEP Workshop on Fisheries Subsidies and Sustainable Fisheries Management, This conference paper is available at Research Online: https://ro.uow.edu.au/lhapapers/189 THE INTERNATIONAL LEGAL REGIME FOR FISHERIES MANAGEMENT Martin Tsamenyi*, Lara Manarangi-Trott** & Shilpa Rajkumar*** INTRODUCTION The international response to the growing depletion of the world’s fisheries stocks and the degradation of their habitats has been through the elaboration and adoption of four classes of instruments. First, globally binding fisheries treaties were adopted to address the conservation and management of fish stocks, particularly straddling fish stocks and highly migratory fish stocks.
    [Show full text]
  • Abandoned, Lost and Discarded Gillnets and Trammel Nets Methods to Estimate Ghost fishing Mortality, and the Status of Regional Monitoring and Management
    ISSN 2070-7010 FAO 600 FISHERIES AND AQUACULTURE TECHNICAL PAPER Abandoned, lost and discarded gillnets trammel nets – Methods to estimate ghost fishing mortality, the status of regiona 600 Abandoned, lost and discarded gillnets and trammel nets Methods to estimate ghost fishing mortality, and the status of regional monitoring and management Problems resulting from abandoned, lost and discarded fishing gear (ALDFG) from marine gillnet and trammel net fisheries is increasingly of concern. Marine gillnets and trammel nets, which have relatively high ghost fishing potential, are globally important gear types, supplying about a fifth of global marine fisheries landings. The study describes and evaluates approaches to estimate ghost fishing mortality rates and levels and reviews the status of international monitoring and management of ALDFG and ghost fishing by marine gillnet and trammel net fisheries. The report recommends methods to estimate ghost fishing rates and levels, identifies research priorities, and recommends future action to enhance data collection and management to prevent and remediate ALDFG and ghost fishing by marine gillnets and trammel nets. l monitoring and management ISBN 978-92-5-108917-0 ISSN 2070-7010 FAO 9 789 2 5 1 0 8 917 0 I5051E/1/10.15 Cover photograph: Top row, left to right: sperm whale entangled in a drift gillnet (Alberto Romero/Marine Photobank); artisanal gillnet fishing vessel, Solomon Islands (Wolcott Henry 2005/Marine Photobank); decomposed trevally caught in a ghost net, Muscat, Damaniyat Islands, Oman (Sijmon de Waal/Marine Photobank). Bottom row, left to right: removing salmon from a gillnet, Bristol Bay, Alaska, the United States of America (Karen Ducey/NMFS/NOAA Photo Library); derelict gillnet, Oahu, Hawaii, the United States of America (Frank Baersch/Marine Photobank); seabird caught in derelict net (Dave Peake/Marine Photobank).
    [Show full text]
  • Authorities for NOAA's International Activities
    Domestic Authorities for NOAA’s International Activities International Section Office of General Counsel National Oceanic and Atmospheric Administration October 2018 Table of Contents INTRODUCTION ................................................................................................................... 1 NATIONAL MARINE FISHERIES SERVICE .............................................................................. 4 Anadromous Fish Products Act, 16 U.S.C. § 1822 note, Section 801 of Pub. L. 101-627 ................ 4 Antarctic Conservation Act of 1978, 16 U.S.C. §§ 2401–2413, as amended by the Antarctic Science, Tourism, and Conservation Act of 1996, Pub. L. 104-227 ................................................. 4 Antarctic Marine Living Resources Convention Act of 1984, 16 U.S.C. §§ 2431–2444 ................... 5 Presidential Decision Directive/NSC-26 (June 9, 1994) (“United States Policy on the Arctic and Antarctic Regions”)……………………………………………………………………………………………………….7 National Security Presidential Directive/NSPD-66 and Homeland Security Presidential Directive-25 (January 9, 2009) (“Arctic Region Policy”)……………………………………………………….7 Antarctic Protection Act of 1990, 16 U.S.C. § 2461-2466, as amended by the Antarctic Science, Tourism, and Conservation Act of 1996, Pub. L. 104-227 ............................................................... 8 Antigua Convention Implementing Act of 2015, 16 U.S.C. §§ 951–962, amending and strengthening the Tuna Conventions Act of 1950........................................................................
    [Show full text]
  • Facts and Issues
    ATTORNEY GENERAL v BURGOA In Case 812/79 REFERENCE to the Court under Article 177 of the EEC Treaty by the Circuit Court of the County of Cork for a preliminary ruling in the proceedings pending before that court between ATTORNEY GENERAL and JUAN C. BURGOA on the interpretation of Article 234 of the EEC Treaty and Article 5 of the Act of 22 January 1972 concerning the conditions of accession and the adjustments to the Treaties and on the interpretation of the London Fisheries Convention of 1964 and of certain provisions of Community legislation relating to fisheries, THE COURT, composed of: H.. Kutscher, President, P. Pescatore and T. Koopmans (Presidents of Chambers), J. Mertens de Wilmars, Lord Mackenzie Stuart, A. O'Keeffe, G. Bosco, A. Touffait and O. Due, Judges, Advocate General: F. Capotorti Registrar: A. Van Houtte gives the following JUDGMENT Facts and Issues The facts of the case, the course of the I — Facts and procedure procedure and the observations submitted under Article 20 of the (a) Facts Protocol on the Statute of the Court of Justice of the EEC may be summarized 1. On 30 October 1979 Juan C. as follows: Burgoa, the master of the fisheries vessel 2789 JUDGMENT OF 14. 10. 1980 — CASE 812/79 Itxas Ondo No B*-4-109, registered in Section 222 (a), of any fish and any Spain, appeared before the Circuit fishing gear found on the boat to which Court, Cork, charged with three the said offence relates. offences alleged to have been committed against Irish fisheries legislation. The accused is charged with fishing and attempting to fish illegally, and with Under Section 6 of the Maritime having on board nets with undersized Jurisdiction Act 1959, as amended by mesh within the exclusive Irish fisheries Section 2 of the Maritime Jurisdiction limits.
    [Show full text]
  • Charting a New Course for the Oceans
    APRIL 2014 | NUMBER 011 THE CENTER FOR INTERNATIONAL WATER AND OCEANS PROGRAM ENVIRONMENT & THE FLETCHER SCHOOL | TUFTS UNIVERSITY RESOURCE POLICY Charting a New Course for the Oceans A report on the state of the world’s oceans, global fisheries and fisheries treaties, and potential strategies for reversing the decline in ocean health and productivity William Moomaw and Sara Blankenship APRIL 2014 | NUMBER 011 THE CENTER FOR INTERNATIONAL WATER AND OCEANS PROGRAM ENVIRONMENT & THE FLETCHER SCHOOL | TUFTS UNIVERSITY RESOURCE POLICY Acknowledgements This report was prepared by Prof. William Moomaw and Sara Charting a New Blankenship of the Center for International Environment and Resource Policy at The Fletcher School, Tufts University. The report was prepared for release at the Global Oceans Action Summit Course for the Oceans for Food Security and Blue Growth that took place in The Hague, the Netherlands from 22-25 April 2014. The authors express their A report on the state of the world’s oceans, appreciation to the Netherlands Ministry of Economic Affairs global fisheries and fisheries treaties, (formerly, Ministry of Agriculture, Nature and Food Quality) for its support of this project. and potential strategies for reversing the We also wish to thank Anna McCallie for her extensive contributions to decline in ocean health and productivity editing and updating the report, Katherine Nolan for her contributions to editing an earlier version of the report, Elizabeth Mathai for her initial work in developing the Annex of Fisheries Treaties, and Mieke van der Wansem, Associate Director of the Center for International Environment and Resource Policy for her contribution to the logistics William Moomaw of preparing this report.
    [Show full text]
  • Improving International Fisheries Management
    Improving International Fisheries Management 2019 Report to Congress NOAA FISHERIES REPORT TO CONGRESS IMPROVING INTERNATIONAL FISHERIES MANAGEMENT September 2019 Developed pursuant to Section 403(a) of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 Chris Oliver, Assistant Administrator for Fisheries National Marine Fisheries Service National Oceanic and Atmospheric Administration Neil A. Jacobs, Ph.D. Assistant Secretary of Commerce for Environmental Observation and Prediction Acting Under Secretary of Commerce for Oceans and Atmosphere THE REPORT TO CONGRESS (IMPROVING INTERNATIONAL FISHERIES MANAGEMENT) ACCOMPANYING THE MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT REAUTHORIZATION ACT, 2006 (PUBLIC LAW 16 U.S.C. §§ 1826h-k) INCLUDED THE FOLLOWING LANGUAGE The Secretary, in consultation with the Secretary of State, shall provide to Congress, by not later than 2 years after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, and every 2 years thereafter, a report that includes— (1) the state of knowledge on the status of international living marine resources shared by the United States or subject to treaties or agreements to which the United States is a party, including a list of all such fish stocks classified as overfished, overexploited, depleted, endangered, or threatened with extinction by any international or other authority charged with management or conservation of living marine resources; (2) a list of nations whose vessels
    [Show full text]
  • INTERNATIONAL FISHERIES CONVENTION: 19~ PERMANENT COMMISSION Report on the Third Xeeting of the Permanent Commission in Copenhsgen May, 195'+ by Dr
    INTERNAnONAl COMMISSION FOR THE NORTHWEST ATLANTIC FISHERIES Document No, 29 ANNUAL MEETING - JUNE 19$ INTERNATIONAL FISHERIES CONVENTION: 19~ PERMANENT COMMISSION Report on the Third Xeeting of the Permanent Commission in Copenhsgen May, 195'+ By Dr. Paul M. Hansen, observer for ICNAF The Third Meeting of the Permanent Commission took place in the first week of May 195'+ in Copenhagen at the invitation of the Danish Goverrcnento Delegation"s attended from all the Member Governments, namely, Belgium, Denmark, irance, Iceland, Ireland, the Netherlands, Norway, Poland, Portugal, Spain, Sweden and the United Kingdom. Observers were present from the Government of the Federal German Republic, and the COllm1ss1on were informed that not1ce of their Government's accession to the Convention might be expected very shortly. Also 1n attendance were observers trom the Inter- natioroal Council for the Exploration of the Sea, the Food and I!.gricul ture Organisation of the United Nations and the International Commission for the Northwest Atlantic Fisheries. The main items on the Commission's agenda were questions arising out of industrial fisheries, the application of conservation measures south of the present Convention boundary, the arrangements for the enforcement of the Convention provisions affecting the mesh of nets and size-limits of fiSh and the problem of the appropriate mesh size for light trawi s. At the previous meeting of the Commission in November, 1953, the question of the industrial fishery for herring involving the capture of under-sized whiting had been considered at the instance of the Danish Government, who had been asked if they· would study the question further and make proposals to the Commission at their present meeting for the regulation of this kind of fishery.
    [Show full text]
  • Access to Fisheries in the United Kingdom's Territorial Sea After Its
    This is a pre-published version of the article Access to Fisheries in the United Kingdom’s Territorial Sea after its Withdrawal from the European Union: A European and International Law Perspective by Valentin Schatz It will later be published in GoJIL Vol. 9, No. 3 (2019). Please be aware that page numbers are therefore subject to alterations. Goettingen Journal of Post-BrexitInternational Access Law (Pre-Publishedto Fisheries in the Article) UK’s 1-44Territorial Sea 1 Access to Fisheries in the United Kingdom’s Territorial Sea after its Withdrawal from the European Union: A European and International Law Perspective Valentin Schatz* Table of Contents A. Introduction �������������������������������������������������������������������������������������������� 3 B. Access to Fisheries Within 12 nm Under the CFP ����������������������������������� 8 I. The Principle of Equal Access and the Allocation of Fishing Opportunities ������������������������������������������������������������������������������������� 8 II. Exception to the Principle of Equal Access for Waters Within 12 nm �� 9 III. Exceptions to the Exception for Fisheries Within 12 nm ������������������� 12 1. Arrangements Under Article 5(2) and Annex I of the Basic CFP Framework Regulation ���������������������������������������������������������� 12 2. The “Voisinage Exception” Under Article 5(2) of the Basic CFP Framework Regulation �����������������������������������������������������������14 IV. Relevance of the Freedom of Establishment for Access to Fisheries in the Territorial
    [Show full text]
  • In Joined Cases 180 and 266/80 REFERENCES to The
    JUDGMENT OF 8. 12. 1981 — JOINED CASES 180 AND 266/80 In Joined Cases 180 and 266/80 REFERENCES to the Court under Article 177 of the EEC Treaty by the French Cour de Cassation [Court of Cassation] for a preliminary ruling in the proceedings pending before that court between JOSÉ CRUJEIRAS TOME and THE PROCUREUR DE LA RÉPUBLIQUE [Public Prosecutor] (Case 180/80), and by the Tribunal de Grande Instance [Regional Court], St Nazaire, in the proceedings pending before that court between THE PROCUREUR DE LA RÉPUBLIQUE and ANTON YURRITA (Case 266/80), on the validity of Council regulations laying down certain interim measures for the conservation and management of fishery resources applicable to vessels flying the flag of Spain, THE COURT composed of: J. Mertens de Wilmars, President, G. Bosco, A. Touffait and O. Due (Presidents of Chambers), P. Pescatore, Lord Mackenzie Stuart, A. O'Keeffe, T. Koopmans, U. Everling, A. Chloros and F. Grévisse, Judges, Advocate General: F. Capotorti Registrar: A. Van Houtte gives the following 2998 CRUJEIRAS TOME v PROCUREUR DE LA RÉPUBLIQUE JUDGMENT Facts and Issues The facts of the case, the course of the (b) Case 266/80 procedure and the observations sub­ mitted pursuant to Article 20 of the Protocol on the Statute of the Court of Anton Yurrita, the master of the Spanish Justice of the EEC may be summarized trawler Ondarrutarra, registered under as follows: No BI 4.22 in Ondarroa, was charged on 17 October 1980 before the Tribunal de Grande Instance, St Nazaire, with fishing without a licence inside the French economic zone, in the 188-mile I — Facts and procedure band of sea beyond the 12-mile limit.
    [Show full text]
  • The Control and Enforcement of Fisheries in the Netherlands
    September 2017 The control and enforcement of fisheries in the Netherlands The control and enforcement of fisheries in the Netherlands September 2017 Contents Executive summary and recommendations ................................................................................. 3 Introduction ................................................................................................................................. 5 1 The Dutch fisheries enforcement framework .................................................................... 6 1.1 The organisation of fisheries control ................................................................................. 7 1.2 Enforcement and sanctions .............................................................................................. 8 1.2.1 Infringement procedure: the "intervention policy" .............................................................. 9 1.2.2 Determination of serious infringements........................................................................... 10 1.2.3 Enforcement measures .................................................................................................. 11 (a) Criminal proceedings ........................................................................................................... 11 (b) Administrative measures ...................................................................................................... 12 Penalty Point System ...............................................................................................................
    [Show full text]